21
PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to Pearls, Pearl-Shell and Beche-de-mer. B E it enacted' by the Lieutenant-Governor of the Territory of Papua with the advice and consent of the Legislative Council thereof as follows:- 1. This Ordinance may be cited as the Pearl, Pearl-Shell and Short title. Beche-de-mer Ordinance, 1911-1934. (1) It shall come into operation on a day to be fixed by the Lieuten- s.2. ant-Governor by Proclamation published in the Gazette. (1) (1) The P8I1A"1, Pear/rShell IJI1Il1, Beche·de·"""r Ordinance, 1911-1934, comprises the Pearl, Pearl-SheU aM Beche-de-mer Ordinance, 1911, as amended by the other Ordinances referred to in the following Table:- ORDINANOES OF TlIE LEGISLATIVE COUNOIL FOR THE TERRITORY OF P APUA. (1: 1 /1 Fill Date on which Date of Date of assent of Short title, number reservation Gov.-Gen. Date on which came and year. assent by by in Oouncil into operation. Lieut.·Gov. Lieut.-Gov. published in Papua G01Jt. Gaz. Pearl, Pearl-Shell - 23.11.1911 7.2.1912 23.12.1912 (Papua aM B eche-de'"""r Govt. Gaz. of Ordinance, 1911 23.12.1912) (No. 19 of 1911) Ordinances Revision - 14.8.1913 - 4.2.1914 4.2.1914 (Papua Ordinance, 1913 Govt. Gaz. of (No. 3 of 1914) 4.2.1914) Pearl, Pearl-Shell 19.8.1914(0) - - 19.8.1914 (Statute aM Beche-de-mer Law of Papua" Ordinance, 1914 1888 to 1916, Vol. (No. 14 of 1914) Ill, p. 764) Pearl, Pearl·Shell 20.12.1915(0) - - 20.12.1915 (Statute a,nd Beche-de-mer Law of Papua, Ordinance, 1915 1888 to 1916, Vol. (No. 10 of 1915) Ill, p. 764) Pearl, Pearl·Shell 11.9.1918(0) - - 11.9.1918 (Ordin- IJI1Il1, Beche-de-mer • ai/ices etc. of Pa,pua, Ordinance, 1918 1918, p. 57) (No. 14 of 1918) P earl, Pearl-Shell 24.7.1923(d) - - 24.7.1923 (Ordin- and Bech.,.de·mer anc.s etc. of Papua, Ordinance, 1923 1923, p. 15) (No. 7 of 1923) ea.rl, Pearl-S·hen - 9.7.1934 7.11.1934 7.11.1934 (Papua and Beche-de-mer Govt. Gaz. of P Ordinance, 1934 (No. 12 of 1934) 7.11.1934) (a) Notified in Papua Govt. Gaz. of 7.4.1915 as not disallowed by Gov;·Gen. in Council. (b) Notified in Oouncil. Papua GO'Vt. Gaz. of 3.5.1916 as not disallowed .by . Gov.-Gen in (c) Notified in Papua Govt. Gaz. of 14.1.1919 as not disallowed by Gov.-Gen. in Oouncil. (d) Notified ·in Oouncil. Papua Govt. Gaz. of 5.12.1923 as not disallowed by Gov.·Gen. in 1953

PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

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Page 1: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1)

An Ordinance to consolidate and amend the Law relating to Pearls, Pearl-Shell and Beche-de-mer.

BE it enacted' by the Lieutenant-Governor of the Territory of Papua with the advice and consent of the Legislative Council

thereof as follows:-

1. This Ordinance may be cited as the Pearl, Pearl-Shell and Short title.

Beche-de-mer Ordinance, 1911-1934. (1) ~~e;~:~9~~, It shall come into operation on a day to be fixed by the Lieuten- s.2.

ant-Governor by Proclamation published in the Gazette. (1)

(1) The P8I1A"1, Pear/rShell IJI1Il1, Beche·de·"""r Ordinance, 1911-1934, comprises the Pearl, Pearl-SheU aM Beche-de-mer Ordinance, 1911, as amended by the other Ordinances referred to in the following Table:-

ORDINANOES OF TlIE LEGISLATIVE COUNOIL FOR THE TERRITORY OF P APUA.

(1:1 /1 Fill rBTI~!1 Date on which

Date of Date of assent of Short title, number reservation Gov.-Gen. Date on which came

and year. assent by by in Oouncil into operation. Lieut.·Gov. Lieut.-Gov. published in Papua G01Jt. Gaz.

Pearl, Pearl-Shell - 23.11.1911 7.2.1912 23.12.1912 (Papua aM B eche-de'"""r Govt. Gaz. of Ordinance, 1911 23.12.1912) (No. 19 of 1911)

Ordinances Revision - 14.8.1913 - 4.2.1914 4.2.1914 (Papua Ordinance, 1913 Govt. Gaz. of (No. 3 of 1914) 4.2.1914)

Pearl, Pearl-Shell 19.8.1914(0) - - 19.8.1914 (Statute aM Beche-de-mer Law of Papua" Ordinance, 1914 1888 to 1916, Vol. (No. 14 of 1914) Ill, p. 764)

Pearl, Pearl·Shell 20.12.1915(0) - - 20.12.1915 (Statute a,nd Beche-de-mer Law of Papua, Ordinance, 1915 1888 to 1916, Vol. (No. 10 of 1915) Ill, p. 764)

Pearl, Pearl·Shell 11.9.1918(0) - - 11.9.1918 (Ordin-IJI1Il1, Beche-de-mer • ai/ices etc. of Pa,pua, Ordinance, 1918 1918, p. 57) (No. 14 of 1918)

P earl, Pearl-Shell 24.7.1923(d) - - 24.7.1923 (Ordin-and Bech.,.de·mer anc.s etc. of Papua, Ordinance, 1923 1923, p. 15) (No. 7 of 1923)

ea.rl, Pearl-S·hen - 9.7.1934 7.11.1934 7.11.1934 (Papua and Beche-de-mer Govt. Gaz. of

P

Ordinance, 1934 (No. 12 of 1934)

7.11.1934)

(a) Notified in Papua Govt. Gaz. of 7.4.1915 as not disallowed by Gov;·Gen. in Council. (b) Notified in Oouncil.

Papua GO'Vt. Gaz. of 3.5.1916 as not disallowed .by . Gov.-Gen in

(c) Notified in Papua Govt. Gaz. of 14.1.1919 as not disallowed by Gov.-Gen. in Oouncil. (d) Notified ·in Oouncil.

Papua Govt. Gaz. of 5.12.1923 as not disallowed by Gov.·Gen. in

1953

Page 2: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Repeal.

Saving.

Interpretation clause. Pap. No. B of 1891, s. 1.

Ship. '

Boat.

FISHERIES-

2. The following Ordinances are hereby repealed:-·

The Pearl-Shell and Beche-de-mer Fishery Ord~;tance of 1891 (No. 30f 1891) ;

The Pearl-Shell and Beche-de-mer Fishery Ordinance of 1894 (No. 4 of 1894) ;

The Pearl-Shell and Beche-de-mer Fishery Ordinance of 1897 (No. 4 of 1897) ;

The Pearl-Shell and Beche-de-mer Fish6ry Ordinance Amendment Ordinance of 1904 (No. 2 of 1904);

The Pearl Bu.yers' Licensing Ordinance of 1906 (No. 2 of 1906); .

The Pearl and Beckc<-d~mer Ordinance of 1908 (No. 14 of 1908).

3.-(1.) The repeal of the said Ordinances shall not except where it is in this Ordinance in any respect otherwise provided-

(a) affect anything duly done or suffered thereunder; (b) affect any right claim privilege remedy obligation

penalty or liability acquired accrued or incurred under any of the repealed Ordinances.

(2.) All licences and authorities granted under the said re­pealed Ordinances shall continue for the term for which they are granted to be subject to the provisions thereof but any renewai thereof shall be effected under this Ordinance.

(3.) Any officer appointed or office estl!blished under any of the repealed Ordinances shall continue and be deemed to have been appointed or estab!ished under this Ordinance.

(4.) Any Proclamation (2) published or regulation (3) or order made or issued under any of the repealed Ordinances shall continue in force until repealed or cancelled as if it or they had been pub­lished or made under this Ordinance.

4. In the interpretation of this Ordinanc·e the following terms shall unless the context otherwise indicate have the meanings set against them respectively that is to say:-

"Ship"-every description of vessel used in navigation or in the fishery hereinafter referred to and not being a boat as defined by this Ordinance;

"Boat"-any vessel not exceeding two tons burden which is usually hoisted to a ship's davits or carried on board

(2) Particulars of proclamations continued in force by Section 3(4) are included in the relevant footnotes and Table to thia Ordinance.

(3) All regulations continued in force by Section B (4) were repealed by Regulation 2 of the Pearl Fishery RegulatwnII, 1923, printed on p. 1974.

1954

Page 3: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911-1934.

of a ship or attached to a ship and includes a boat or punt used at a fishing station and not attached to or used in connection with a ship and also a canoe used or employed by a person that is not a native;

"Master or Employer"-any person other than a pilot who is for the time being in command or in charge of any ship or boat or who is in charge of any fishery as herein­after defined;

"Pearl-Shell and Beche-de-mer Fishery" or "Fishery"­the business of diving for collecting preparing curing storing or carrying from any place within the Territory to any other place within the Territory pearl oysters or pearl oyster shells trochus shell or the sea-slug com­monly called "beche-de-mer" or any other fish or shell or marine product which the Lieutenant-Governor in Council (4) may hereafter by Proclamation (5) in the Gazette include within the scope of this Ordinance;

"Fishing Station" means any land occupied for the purposes of the fishery;

"Territory"-the Territory of Papua;

"Inspector"-an inspector appointed under this Ordinance;

"Magistrate"-a resident magistrate acting resident magis-trate or assistant resident magistrate;

"Resident Magistrate "-a resident magistrate or acting resident magistrate;

"Collector "-the Treasurer and any principal officer of Customs doing duty at the time and place and any officer of Customs doing duty in the matter in relation to which the expression is used;

Master or employer.

Pearl·shell and beche·de·mer fishery and fishery.

Amended by No. 14 of 1918, 8.2.

"Naval Officer"-any Commissioned Officer of Forces of the Commonwealth on full pay.

the Naval Added by No. 7 of 1923, 8.2.

5. Every ship or boat shall be deemed to be engaged in the pearI­shell and beche-de-mer fishery if she is used as a depot or place of lodging or refuge for persons employed in such fishery or if she is used for persons to dive from collect or store pearl oysters pearl oyster-shells or trochus shell or beche-de-mer or any other fish or shell or product that may hereafter be included by Proclamation (5)

as aforesaid or for carrying or conveying otherwise than as a sea-

(4) See Section 19(2) of the Ordinance Interpretation Ordinance, 1911·1940. (5) By Proclamation dated 23.8 .19i6 and published in Papua Gavt. Gaz. of

6.9.1916, the Lieutenant·Governor in Council proclaimed' and declared "that 'Trochus Shell' shall be brought within the scope of" the Ordinance. At this date, the words "trochus shell" did -not appear in the definition of "Pearl-Shell, and Beche-de-mer Fishery" or "Fishery". Subsequently the Pea;r~, Pearl-She!! a;nd Beche-de-mer Ordinance, 1918 made certain amendments to the Pearl, PearlrSheU and Beche-de-mer Ordinance, 1911-1915, including the insertion of the words "trochus shell" in this definition.

1955

When ship or boat to be deemed engaged in fishery.

Pap. No. 3 of 1891, s. 2. Amended by No. 140f 1918, s. 3.

Page 4: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Ship or boat engaged in fishery to be licensed.

Pap. No. 3 of 1891, s. 3.

Qualification of owners licensees lessees etc.

Pap. No. 2 of 1904, s. 2.

Exception.

Pap. lb. s. 4, altered.

FISHERIES-

going vessel under a transire pearl oysters pearl oyster shells or trochus shell or beche-de-mer or any other fish on shell or product which may hereafter be included by Proclamation (5) as aforesaid from anyone place within the Territory to any other place within the said Territory.

6. From and after the commencement of this Ordinance it shall not be lawful to use or employ any ship or boat in the pearl-shell . and beche-de-mer fishery within the Territory or within one league to seaward from any part thereof excepting such waters as are comprised within the jurisdiction of the State of Queensland unless such ship or boat is duly licensed as hereinafter provided.

7.-(1.) No ship or boat shall be licensed to be employed in the pearl-shell and beche-de-mer fishery unless owned wholly by persons of the following description (in this Ordinance referred to as "qualified persons") namely:-

(a) Natural-born British subjects;

(b) persons naturalized by or in pursuance of an act of Parliament of the United Kingdom or by or in pur­suanceof an act or Ordinance of the proper legislative authority in a British possession;

(c) persons made denizens of the Territory or of the Com­monwealth of Australia by letters of denization;

(d) bodies corporate established under and subject to the laws of some part of His Majesty's dominions.

(2.) No licence shall be issued for any ship or boat to engage in the fishery unless or until the applicant for such licence shall have satisfied the licensing authority or other authority appointed by the Lieutenant-Governor in Council (4) in that behalf that the owner of such ship or boat is a qualified person nor until the owner shall have made a declaration to such effect and shall have signed the same which declaration shall be in such form and attested by such witnesses as may be prescribed by regulation under this Ordinance.

(3.) If any unqualified person acquires any interest either legal or beneficial in any ship or boat engaged in the fishery by sale charge lease hire transfer or otherwise howsoever then and in every such case the licence issued to such ship or boat to engage in the fish~ry shall forthwith become null and void:

Provided that nothing in this section shall prevent the renewal of a licence to any person who has from any time during the

(4) See Section 19(2) of the Ordinance Interpretation Ordinance, 1911·1940.

(5) Se. footnote (5) printed on p. 1955.

1956 .

Page 5: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911-1!J34.

year One thousand nine hundred and four till the time this Or­dinance comes into force continuously held a licence or rep.ewals thereof in respect of any ship or boat engaged in the fishery.

8. If any person in the case of a declaration made as required under this Ordinance or the regulations or in any document or other evidence produced to the licensing authority or otherwise as may be prescribed-

(1) wilfully makes or assists in making or procures to be made any false statement concerning the nationality naturalization denization or alienage of any person or concerning any other matter or thing regarding which the affording of evidence shall have been prescribed; or

(2) utters produces or makes use of any declaration or document containing any such false statement know­ing the same to' be false;

he shall in respect of each offence be guilty of a misdemeanour and shall be liable upon conviction to imprisonment with hard labour for a period not exceeding three years but may instead of being prosecuted as for a misdemeanour be prosecuted summarily before a magistrate or two justices of the peace and shall be liable to imprisonment with hard labour for a period not exceeding SIX

months and to a fine not exceeding One hundred pounds.

9. The Lieutenant-Governor in Council (4) may make provision for the registration of owners licensees lessees ann. others claiming any interest in any ship or boat engaged in the fishery and for the registration of agreements relating to leasing or hiring of such ships or boats and for the issue of certificates of such registration.

10. A collector at any port within the Territory or any resident magistratE; or any other person duly authorized in that behalf may grant a llcence to be known as a pearl-shell and beche-de-mer licence according to the form in Schedule A to this Ordinance to any ship or boat to be employed in the pearl-shell and beche-de-mer fishery and there shall be payable for every su'ch licence or re­newal of such licence a fee in accordance with the following scale that is to say:-

31

For every ship of not more than ten tons burden the sum of One pound;

for every ship exceeding ten tons burden the sum of Two pounds;

for every boat the sum of Ten shillings:

(4) See Section 19 (2) of the Ordinance Interpretation Ordinance, 1911-1940.

1957

False declaration.

Pap. No. 2 of 1904, B. 3.

Registration. Pap. lb. s, 5.

Licence"s for ships or boats.

Pap. No. 3 of 1891, s. 4.

Schedule A.

Page 6: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Duration of licence. Pap. No. 3 of 1891, s. 6.

New licence to replace lost licence may be issued. Pap. lb. s. 28.

Letter of licensing port.

Pap. Jb. s. 7.

Licence to be lettered and numbered.

Pap. lb. s. 8.

First letter and No. to be retained in continuous licence. Pap. lb. s. 9.

FISHERIES-

Provided that in respect of all such licences issued subsequently to the first day of July in anyone year one-half of the licence fee only shall be payable. .

The tonnage of every ship or boat shall if she is registered be deemed to be the tonnage specified in her register and if she is not registered the tonnage shall be ascertained by a conector according to the rules prescribed by law for ascertaining the tonnage of ships.

11. All pearl-shell and heche-de-mer licences issued under the last preceding section of this Ordinance shall be in force from their date to the thirty-first day of December in the year ~n which they are issued.

12. Any person who is empowered to issue any licence under this Ordinance may issue a new licence in the place of a licence that is proved to· his satisfaction to have been lost or destroyed and for every such new licence there shall be paid the sum of Five shillings.

13. The Treasurer shall assign to every port at which pearl­shell and beche-de-mer licences may be granted a letter(6) which letter shall be the letter of such port for the purposes of this Ordinance.

14. Every pearl-shell and heche-de-mer licence shall have the letter of the port at which it was granted written in the licence and shall be numbered in the order of its sequence according to the number of licences that have been issued at such port.

15. The port letter and number of the first licence that is granted to a ship or boat shall be maintained as the letter and number of the licence of such ship or boat in every licence granted subsequently by way of renewal of the first licence to such ship or boat during the period succeeding the date of the fi,rst licence in which such ship or boat shall remain continuously licensed. Licences by way of renewal of a first ()r renewed licence may with­out regard to the port at which the first licence or any subsequent licence was granted be granted by any person who can grant a pearl-shell and heche-de-mer licence.

(6) Pursuant to Section 13, the Treasurer,by notice dated 4.2.1921 and published in Papua Govt. Gaz. of 2.3.1921, canceIJed a former notice (dated 20.1.1915 and published in Papua Govt. Gaz. of 3.2.1915) assigning letters to Ports and assigned "the letters given below .......... to the following Ports, viz.:-

Port of Port Moresby - A. Port of Samarai B. Port of Daru - C. Port of Bwagaoia - D. Port of Losuia - E."

By further notice dated 23.11.1923 and published in Papua fJovt. Ga.z. of 5.12.1923, the Treasurer assigned "the letter given below .......... to .the following Port, viz.:-

Port of Kulumadau - F." •

1958

Page 7: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Pearl, Pea'fl-Shell and Beche-de-mer Ordinance, 1911-1934.

16. Every boat or ship licensed under this Ordinance shall have her name painted in letters of not less than three inches in length in the case of boats and of notless than six inches in length in t,he case of ships in white upon a black ground or black upon a white ground on each side of her bow or of her stern above her water-line mid such name shall be kept so painted during the whole time the licence remains in force.

17. Every ship or boat licensed under this Ordinance shall have the letter of the 'port at which such ship or boat was licensed the letters "No." the number of the licence of the said ship or boat and the letters "T.P." in the order enumerated painted in letters and figures of not less than three inches in length in the case of boats and of not less than six inches in length in the case of ships in white upon a black ground or black upon a white ground on each side of her stern above the water-line and such letters and numbers shall be kept so painted during the whole time that the licence remains in force .

. 18. If any ship or boat is employed in the pearl-shell and beche­de-mer fishery without a valid and subsisting pearl-shell and beche-de-mer licence under this Ordinan<le obtained or renewed as required by this Ordinance the owner or master of any such. ship or boat shall be liable to a penalty not exceeding Fifty pounds. In default of immediate payment of such penalty the ship or boat and all things found on board thereof may be seized and kept at the risk and cost of the owner of the ship or boat for a period of sixty. days unless such ship' or boat is before the expiration of such period released by payment of penalty costs and expenses; if at the expiration of such sixty days the penalty costs and the cost of keeping the ship or 'boatl or any of them or any part thereof is still unpaid then the ship or boat together with all tackle thereof apparel furniture cargo and the effects on board of such ship or boat shall be liable to be forfeited to the use of His Majesty. If any dispute shall arise as to the amount that may be justly claimed by the Government for the keeping of a vessel or boat so seized the matter shall be referred to a resident magistrate who is hereby authorized to determine the matter.

19.-(1.) It shall be lawful for any collector magistrate Euro­pean member of the police force or constabulary or other authorized person to seize and take any ship or boat that is found employed inthe pearl-shell and beche-de-mer fishery without being licensed under this Ordinance and to detain such ship or boat until a prosecution for breach of this Ordinance is heard and determined.

1959

Licensed ship or boat to have her name painted on her hull. Pap. No. 3 of 1891, s. 10.

Licensed ship or boat to have letter number and "T.P." painted on her hull. Pap. lb. s. 11.

Penalty for using unlicensed ship or boat in fishery. Pap. lb. s. 12.

Unlicensed ship or boat may be seized. Pap. lb. s. 13.

Page 8: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Sub-section (2) added by ~ No_ 7 of 1923, s.3.

Sub',section (3) added by No. 7 of 1923, s.3.

Penalty for not having hull of ship or boat duly marked. Pap. No. 3 of 1891, s. 14.

Penalty for refusing to produce licence. Pap. lb. s. 15.

Crown land not to be occupied without licence. Pap. lb. s. 16.

Licences to occupy Crown lands. Pap. lb. s. 17. Amended by No. 3 of 1914, s. 3 and Second Schedule.

FISHERIES-

(2.) If the master or person in charge of any ship or boat engaged in the fishery refuses or fails to produce the licence for the ship or boat to be employed in the fishery to any person em­powered by this Ordinance to require the production thereof such ship or boat shall for the purposes of this and the last preceding Section be deemed unlicensed until the contrary is proved.

(3.) A Naval Officer shall be deemed to be an authorized person within the meaning of this Section.

20. If any licensed ship or boat is found engaged in the pearl­shell or beche-de-mer fishery within the waters of the Territory without the name the port letter the letters "No." and the number of the licence of such ship or boat and the letters "T.P." painted thereon as prescribed by this Ordinance the master or owner thereof shall be liable to a penalty not exceeding Five pounds and in defimlt of payment to imprisonment for any period not exceeding one month.

21. If the master of any licensed ship or boat refuses to produce the licence of such ship or boat when required so to do by any collector or by any magistrate or by any European member of the police force or constabulary he shall for every such offence be liable to a penalty not exceeding Five pounds and in default of payment to imprisonment for any period not exceeding one month.

22. Before any person engaged in the pearl-shell and beche-de­mer fishery occupies any Crown lands for the purpose of such fishery or for any purpose in connection therewith he shall unless such occupation be for purely temporary purposes obtain from the Commissioner for Lands a licence so to do. Any person occupying Crown lands for the purposes aforesaid other than temporary pur­poses without having obtained a licence so to do shall be deemed to be a trespasser upon Crown lands and will be dealt with accordingly.

23. Licences under the last preceding section shall be annual and may be issued at any time and shall be in force for one year from the date of the issue thereof. They shall contain a description of the land that the licensee is entitled to occupy under his licence. The fee for every licence shall be One pound payable in advance. Any such licence shall be issued subject to such reservations as t.he public interest may require in regard to shelter for vessels and travellers the procuring of wood and water by vessels and any other right or convenience which the Lieutenant-Governor in Coun­cil (4) may deem it necessary to preserve.

(4) See Section 19(2) of the Ordinance Interpretatitm Ordinance, 1911-1940.

1960

Page 9: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911-1934.

24. Any person who cuts down or injures any coconut tree or other tree bearing edible fruit or any tree of the kind known as Calophyllum inophyllum or any other tree to which the Lieutenant­Governor in Council (4) may hereafter by Proclamati.on (7) in the Gazette declare this section to be applicable growing on any land inCluded in such last-mentioned licence shall be liable to a penalty not exceeding Ten pounds and in default of payment to imprison­ment for any period not exceeding two moIiths.

25. Every person in charge of a ship engaged in the pearl-shell and beche-de-mer fishery and every person employed in the said fishery as a diver and using a diving apparatus must hold a licence permitting him to be so employed. Every person who is found in charge of a ship so engaged and every person who is found employed as a diver and using a diving apparatus without being licensed shall be liable to a penalty not exceeding Ten pounds and in default of payment to imprisonment for any period not exceeding tw'o months. A licence may authorize the person named in it to be employed in both the said capacities.

26. A collector or any resident magistrate may grant licences for the purposes of the last preceding section of this Ordinance. Every such licence shall be in the form of Schedule B to this Ordinance and for every such licence there shall be paid the sum of One pound.

, 27. Every person in charge of a ship engaged in the fishery and licensed as aforesaid and every person employed as a diver and licensed as aforesaid who fails to show his licence when called upon to do so by any collector or by any magistrate or by any European member of the police force or constabulary or other authorized person shall be liable to a penalty not exceeding Five pounds and in default of payment to imprisonment for any period not exceeding one month. .

A Naval Officer shall be deemed to be' an authorized person within the meaning of this Section.

28. If the holder of a licence as last aforesaid is convicted of an offence against this Ordinance the magistrate before whom he is convicted may cause the conviction to be endorsed on the licence' and may suspend or cancel the licence as he may think fit. Any person holding such a licence who upon demand of the magistrate refnses or neglects without sufficient cause. to deliver up the same to him for the purposes of this section shall be liable to a penalty

(4) See Section 19(2) of the Or4inance lnterpretMion Ordino;nce, 1911·1940, (7) No proclamation has been published .in Papua Govt. GM.

1961

Licens~e of Crown lands not to destroy certain trees.

Pap. No. 3 of 1891, s. 18.

Person in charge of ship engaged in fishery and person using diving apparatus to be licensed.

Pap. lb. s. 19.

Licensees to take charge of ship or to use diving apparatus.

Pap. lb. s. 20, altered.

Schedule B.

Penalty for refusing to produce licence.

Pap. lb. s. 21.

Amended by No. 7 of 1923, s.4.

Licence may be cancelled or suspended.

Pap. lb. s. 22.

Page 10: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Notice of cancellation or suspension to be posted up etc. Pap. No. 8 of 1891. s. 23.

Penalty for permitting

. unlicensed person to take charge of ship or use diving apparatus. Pap. lb. s. 24.

Section 31 repealed by No. 12 of 1934, 8.2.

Minimum size of pearl·shell that may be taken. Pap. No. 4 of 1897. s. S.

Penalty.

Compulaol'J' disclosure.

Dimensions may be altered by Proclamation.

FISHERIES-

not exceeding Twenty pounds and in default of payment to Im­prisonment for any period not exceeding three months.

29. Notice of the suspension or cancellation of every licence suspended or cancelled under this Ordinance shall be posted in a conspicuous place in the Customs House at every port at which such licences can be issued under this Ordinance.

,30. Every person who being the owner· of a ship employed in the pearl-shell and beche-de-mer fishery or the agent or manager of' or for the owner of such ship employs or authorizes or permits the employment in the said fishery' in connection with such ship of an unlicensed person as a diver using diving apparatus or employs authorizes or permits a person who is not licensed under this Ordinance to take charge of such ship such person being a person who under this Ordinance is required to be licensed to qualify him to take charge of such ship shall be liable to a penalty not exceeding Twenty pounds and in default of payment to imprisonment for any period not exceeding three months.

• • • • • •

32. Any person who takes or removes sells or exposes for sale or attempts to export from the Territory and any dealer in pearl oyster shell who purchases any pearl oyster shell of the kind scientifically known as Meleagrina mo;rgariti/era and of either of the varieties commonly known as "golden-edge" or "silver-lip" of which the nacre or mother-of-pearl measures less than five inches from the butt or hinge to the opposite edge or lip or which measures less than six and a-half inches exteriorly from the butt or hinge to the opposite edge shall be liable to a penalty not exceeding Five pounds for every such pearl oyster shell found in his possession and every bag or other receptacle containing shell in which any such shell is found and every heap or other collection of shells in which any such shell is found shall be forfeited. Any person in whose possession any such shell is found shall be bound to disclose to an inspector or other authorized person on demand the name and address of the person from whom he acquired the same:

Provided that if it is proved to the satisfaction of the Li-eutena;nt­Governor in Council (4) that the ordinary size of any such pearl oyster shell when full-grown is when found within any specified waters of the Territory of less size than that hereby prescribed the Lieutenant-Governor in Council (4) may by Proclamation(8) direet that with respect to any such pearl-sheU found within those waters

(4) See Section 19(2) of the OrtlifllUlCe 17iterpretatitm Ord ..... ..., •• 1911·1940. (8) No proclamation has been published in Papua Govt. Gin.

1962

Page 11: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911-1934.

other dimensions shall be substituted for those hereby prescribed. And with respect to the pearl-shell so found the dimensions' so directed to be substituted shall be deemed to be so' substituted in the enactment in this section contained:

And provided further that in the case of any such pearl oyster shell of the variety commonly called "dwarf shell '. an inspector may on application at his discretion authorize its removal or sale or exposition for sale notwithstanding that it is of less size than that hereby prescribed. And the provisions of this section shall not apply in the case of any shell with respect to which such authority has been given.

An inspector may examine any pearl oyster shells taken collected carried away or exposed for sale and may seize ariy shells con­tained in a bag or other receptacle in which is any shell of less size than that hereby prescribed or any heap or other collection of shells in which is any such shell.

33. The. Lieutenant-Governor in Council (4) may subject to the provisions of the last preceding section from time to time make regulations (9) fixing the minimum dimensions of beche-de-mer or live pearl-shell that may be fished or removed for sale and such regulations shall when published in the Gazette have the force of law. Any person whether licensed or unlicensed who is found in possession of beche-de-mer or pearl-shell which is of smaller dimen­sions than those prescribed by the regulation shall be liable to a penalty not exceeding Ten pounds and in default of payment to imprisonment for a period not exceeding two months and such beche-de-mer or pearl-shell together with all other beche-de-mer or pearl-shell found in the same heap or receptacle and any ship or boat in which it is found shall be liable to be forfeited.

33A.-( 1.) Any person who takes or removes sells or exposes for sale or attempts to export from the Territory and any dealer in shells who knowingly purchases any trochus shell which exteriorly across the base has a less measurement than that for the time being fixed by the Lieutenant-Governor in Council (4) by a Proclama­tion (10) p'ublished in the Gaaette shall be liable to a penalty not exceeding Five pounds for every such trochus shell found in his possession and every bag and other receptacle containing shells in which any such shell is found and every heap or other collection of shells in which any such shell is found shall be forfeited to His Majesty.

(4) See Section 19(2) of the Ordi1Wl'Me Interpretation Ordina'Me, 1911·1940. (9) No regulations have been made. (10) By Proclamation dated 26.2.1919 and published in Pl\pua Govt. G04. of

5.3.1919, the Administrator, with the advice of the Executive Council, declared that "the minimum measurement of Trochus Shell that may be taken, removed, sold or exposed for sale or exported, or which any dealer in shell may purchase, shall be and is hereby fixed at two and one' half inches exteriorly across the base of such shell."

1963

Inspector may authorize taking of "dwarf shell."

Inspector may examine and seize shell.

Regulations as to size of shell or beche·de·mer may be made. Pap. No. 3 of 1891, s. 29, altered.

Minimum size of trochus shell that may be taken. Section 33A inserted by No. 14 of 1918, s.4.

Penalty.

Page 12: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Compulsory disclosure.

Examination.

Seizure.

Fishing banks etc. maybe closed. Pap."No. 3 of 1891, s. 30.

Pap. No. 4 of 1894, s. 11, altered. Amended by No. 14 of 1918, s.6.

Permit to fish for beche·de·mer in prohibited waters. Pap. No. 14 of 1908, s. 4. '

Issue of permit. Pap; lb. s. 5.

Form of permit. Pap. lb. s. 6. Schedule C.

FISHERIES-

(2.) Any person in whose possession any such shell is found shall be bound to disclose to an inspector or other authorized per­son on demand the name and address of tlie person from whom he acquired the same.

(3.) All. inspector may examine any trochus shell taken collected carried away.or exposed for sale and may seize any shells con­tained in a bag or other receptacle in which is' any such shell of less measurement than that prescribed in such Proclamation or any heap or other collectipn of shells in which is any such shell.

34. The Lieutenant-Governor in Council (4) may by Proclama­tion (11) prohibit for a time specified in the Proclamation the fishing for collecting or obtaining of pearl oyster shell of any variety or of trochus shell or of beche-de-mer from any port bank channel reef or cluster of reefs or any portion of a port bank channel reef or cluster of reefs or from or in any waters of the Territory.

Any person who fishes for obtains or collects pearl oyster shell of any variety or any trochus shell or any beche-de-mer from any place from which the collecting or obtaining of pearl-shell of that variety or of trochus shell or 0:1' beche-de-mer is prohibited shall be liable to a penalty not exceeding Fifty pounds and in default of. payment shall be liable to be imprisoned with or without hard labour for a period not exceeding three months; and all pearl oyster shells trochus shells or beche-de-mer in his possession may be seized by an inspector and shall be liable to be forfeited.

35. It shall be lawful for the Lieutenant-Governor (4) to em­power any person or per~ons to issue special permits to fish for beche-de-mer in any waters in which such fishing has been pro­hibited by Proclamation. (11)

36. A permit shall only be issued to the holder of a pearl-buyer's licence under this Ordinance or any Ordinance hereby repealed and shall be subject to such conditions as to the period for which it is to be in force and other matters as the person issuing it may think necessary but the permit shall not be in force for more than twelve months from the date of issue and shall not exceed the currency of the licence.

A fee of Five pounds shall be payable on the issue of It permit.

37. The permit shall be to the effect of the form in Schedule <) hereto.

(4) Se!!. Section 19 (2) of the Ordinance' l:ie"pretaiirm' OTd:ina1lC~' 1911-1940. " (11) Noproclamatio,ns have been published in Papua G017t. Gaz. pursuant to

Section 34 of the present Ordinance. A Table containing particulars of proclamations prohibiting' fishing for pearl oyste;" ,shell or beche-de-mer, (made under Ordinances' repealed by the present Ordinan<le" and continued in force by ,Section 3 (4) thereof) is printed on p. 1979, and the ,Proclamations" are printed immediately after the Table

1964~

Page 13: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911-1934.

38. The Lieutenant-Governor in Council(4) may appoint in­spectors to carry into execution the provisions of this Ordinance.

Inspectors. Pap. No. 4 of 1894, s. 2.

39. An inspector or a naval officer may within the limits of the Powers of

jurisdiction of the Territory exercise any of the following powers:- inspectors. Pap. lb. s. 3. Amended by

He may go on board any ship or boat employed in the fishery No. 7 of 1923,

or enter upon any fishing station or any buildings there- s. 5.

on;

he may require the master or employer or any person in charge of a fishing station to produce any certificates or" registry licence official log-book official pape~s articles of agreement contract of service muster roll or other document relating to the ship or boat or to any person who is employed on board the ship or boat or who is

. at the station and which are in their respective posses­sion or control and may take copies thereof or of any part thereof;

he may muster the persons employed on- board' the ship or boat or at the station; .

he may require the master or employer or the person in charge of the station to give any explanation concern­ing the ship boat or station or any person who is em­ployed on board the ship or boat or at the station or concerning any sucn certificate or registry licence official log-book official papers articles of agreement muster roll or other documents;

he may examine the sails lights boats anchors grapnels and fishing implements belonging to the ship boat or fishing station;

he may examine the diving dress air-pumps air-tubes and gear and all other gear and tackle used in the ship or boat or at the station;

he may by order in writing under his hand forbid the further use of any gear and tackle which is in his opinion unsafe or insufficient;

he may' make any inquiries or searches that he thinks neces­sary to ascertain whether any contravention of the provisions of this Ordinance has been committed.

40. If any person appears to an inspector or naval officer to hav.e committed a contravention of any of the provisions of this Ordinance the inspector or naval oJIicer may without summons warrant or other process take the offender and if necessary the

(4) See Section 19 (2) of the Ordinance Interpretation Ordinance, 1911·1940.

1965

Summary proceedings for trial of offences. Pap. lb. s. 4. Amended by No. 7 of 1923, s.6.

Page 14: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Penalty for obstructing inspector etc. Pap. No. 4 of 1894, s. 5. Section 41 amended by No. 7 of 1923, s.7.

Appeals from order of inspector forbidding use of diving gear. Pap. lb. s. 6. Amended by No. 7 of 1923, s.8.

Periodical inspection of diving gear.

Pap. lb. s. 7.

FISHERIES-

ship or boat to which he belongs and the crew thereof before a magistrate either at a place that is appointed or a place that is not appointed for holding courts of petty sessions and the magis­trate shall then and there hear and determine the matter in a summary manner. The inspector or naval officer may detain the ship or boat until the alleged contravention has been adjudicated upon.

41. .Any person-

(1) who resists or obstructs an inspector or naval officer in the performance of any of his duties 01' pow~rs under this Ordinance; or

(2) who being lawfully required to produce to an in­spector or naval officer anything which the inspector or naval officer is by this Ordinance authorized to require to be produced to him refuses to do so; or

(3) who refuses to give to an inspector or naval officer any info~mation which the inspector or naval officer is auth.orized to require from him; or

(4) who gives false information in answer to any lawful inquiry made by an inspector or naval officer

shall be liable to a penalty not exceeding Fifty pounds and in de­fault of payment shall be liable to be imprisoned with or without hard ~abour for a period not exceeding three months.

42. If the master or employer or the person in charge of a fishing "station objects to an order of the inspector or naval officer forbidding the further use of any gear or tackle he may by notice in writing require the gear or tackle to be tested and if he so objects the gear or tackle shall be taken "before a magistrate and shall at the cost of the person so objecting be tested in such manner as the magistrate may direct and the magistrate may con­firm the order of the inspector or naval officer or reverse it or may make an order allowing the gear or tackle to be used afte,r making such alterations or repairs as he may prescribe.

43. Every diving dress and air-pump and all air-tubes and gear used i.n the fishery in connection with diving must be sub­mitted to a magistrate or inspector for examination once at least in every period of six months. .Any master 'or employer who uses or permits to be used 'in the fishery in connection with diving any diving dress or air-pump or any air-tubes or gear which has not or have not been submitted to a magistrate or inspector for examl­nation witliin the preceding six months shall be liable to a penalty not exceeding One hundred pounds and in default of payment shall be liable to be imprisoned with or without hard labour for a period not exceeding six months.

1966

Page 15: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911-1934.

44. Any person who uses any gear or tackle after an inspector has forbidden the further use of it and while the order forbidding the further use of it is in force shall be liable to a penalty not exceeding Fifty 'pounds and in default of payment shall be liable to be imprisoned with or without hard labour for a period not exceeding three months.

45. All pearl oyster shell or trochus shell shall be shipped for exportation at Port Moresby Samarai Bonagai Daru or some other port appointed (12) by the Lieutenant-Governor in Council (4) for that purpose and no such shell shall be shipped for exportation until the expiration of forty-eight hours after notice of the in­tention to ship has been given to a collector at the port at which the shell is to be shipped.

A magistrate or collector or an inspector may require any package containing pearl oyster shell or trochus shell packed for exportation to be opened and its contents exposed to view in his presence. Any person who refuses to comply with any such requisi­tion of a Government officer aforesaid or who ships or attempts to ship any pearl oyster shell or trochus shell for exportation con­trary to the provisions of this section shall be liable to a penalty not exceeding Twenty pounds and in default of payment shall be liable to be imprisoned with or without hard labour for a period not exceeding two months.

46. A ship employed in the fishery shall not have on board any intoxicating liquor or liquors in any greater quantity than two gallons.

If any such ship is found having a larger quantity of intoxi­cating liquor on board the liquor shall be forfeited and the master or employer shall be liable to a penalty not exceeding Fifty pounds and not less than Twenty pounds and in default of payment shall be liable to be imprisoned with or without hard labour for a period not exceeding six months. .

47. The Lieutenant-Governor in Council(4) may grant a lease of the whole or any part of an outlying reef or bank or of any shore reef or of the foreshore of an island or of any Crown lands lying below high-water mark in any lagoon river inlet estuary or creek or of any lands lying beneath tidal waters within the limits of the jurisdiction of the Territory for the collection storage cultivation or propagation of pearl-shell oysters or pearl oysters or of beche-de-mer or of sponges or of other products of the sea.

(4) See Section 19 (2) of the Ordinance Interpretation Ordi.nance, 1911·1940. (12) No other port has been appointed by any instrument published in Papua

Govt. Gaz.

1967

Penalty for using. condemned gear or tackle. Pap. No. 4 of 1894, s. 8.

Shell to be shipped at specified port after notice. .Pap. lb. s. 10.

Amended by No. 14 of 1918, s.6.

Ship not to carry liquor beyond two gallons. Pap. lb. s. 12, altered.

.Leases of pearl·shell or beche-de-mer ground. Pap. lb. s. 13.

Page 16: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Buyers of pearls from natives to be licensed. Pap. No. 2 of 1906, s. 1.

Licence by whom granted.

Pap. lb. s. 2.

Schedule D. Amended by No. 3 of 1914, s. 3 an:! Second SChedule.

Term of and fee for licence. Pap. lb. s. B, altered.

Licence to be transferable. Pap. No. 14 of 1908, s. 2.

Form of transfer. Pap. lb. s. 3, altered. Schedule E.

Certain persons :prohibited from holding pearl buyers' licences.

Cf. Q. 4 Geo. V. No. 12, s. 7. Section 52A inserted by No. 14 of 1914, s 2; substituted by No. 10 of 1915, 8.2.

FISHERIES-

The term of every lease granted under this section shall be as may be determined by the Lieutenant-Governor in Council. (4)

48.-(l.) It shall not be lawful for any person to buy pearls except from the holder of a pearl-buyer's licence without having first obtained a pearl-buyer 's licence.

(2.) The Lieutenant-Governor(4) may by Proclamation(13) pub­lished inthe Gazette exempt any portion of the Territory from tbe operation of this section.

49. The collector at any port or any magistrate or other person duly authorized by the Lieutenant-Governor(4) may grant a pearl­buyer's licence to the effect of one of the forms in the Schedule D hereto to any person who wishes to buy pearls.

50.-(1.) A pearl-buyer's licence may be granted for a term of one year or provided the beginning and end of the period fall within the same year for a period of six months.

(2.) A licence for one year may be renewed annually. (3.) The fee payable on the grant or renewal of a pearl-buyer's

licence for one year shall be Fifty pounds and for the grant of a pearl-buyer's licence for six months Twenty..five pounds.

51. A pearl-buyer's licence may be transferred with the. con­sent of a magistrate. CA fee of One pound shall be paid on the transfer.)

52. The transfer and consent shall be endorsed on the licence and shall be to the effect of the form in Schedule E hereto.

52A.-(1.) It shall be unlawful for any person who has not first obtained in the prescribed manner a .certificate of having passed the dictation test to hold a pearl-buyer's licence.

(2.) The Lieutenant-Governor in Council (4) may from time to time make regulations(14) for the examination and granting to per­sons certificates of having passed the dictation test for the exemp­tionfrom the operation of this section of any person or classes of persons whom for any reason it is not considered necessary to examine for the relief from the operation of this section wholly or in part of persons who are holders of pearl-buyers' licences at th~ commencement of the Pearl, J?,earl-Shell and Beche-de-mer Ordinance, 1915,(15) and for facilitating and authenticating the

(4) See Section 19(2) of the Ordirw,nee Interpretation Ordinance, 1911·1940.

(13) No proclamation has been published in Papua Govt. Gaz. (14) See the Pearl Fishery Regulations, 1923, printed on p. 1974. (15) The Pearl, Pearl·Shell and Beche-de-mer Ordinancf, 1915, commenced on

20.12.1915.

1968

Page 17: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911-1934.

observance of the provisions of the Pearl, Pearl-Shell and Beche­de-mer Ordinance, 1911-1915.(16) All such regulations shall upon publication in the Gazette have the same effect as. if they were enacted in this Ordinance and shall not be questioned in any proceeding whatsoever.

(3.) In this section the expression" Certificate of having passed the dictation test" means a certificate under the hand of a Govern­ment officer of the Territory authorized for that purpose by the Treasurer that when the said officer has dictated to the person con­cerned not less than fifty words in such language as the Treasurer may direct such person has correctly written them out in that language in the presence of the said officer.

52AA. It shall be unlawful for any native to hold a pearl-buyer's licence.

52B. The powers and privileges granted by a pearl-buyer's licence shall be exercisable only by th~ licensee personally and not by his servants or agents.

53. Any person not the holder of a pearl-buyer's licence who buys pearls except from a holder of a pearl-buyer's licence shall on summary conviction be liable to a penalty of not more than One hundred pounds or to imprisonment for a period not exceeding six months.

54. All complaints of offences against the provIsIOns of this Ordinance or any regulations. made thereunder and all clailllS of forfeiture for breach of any such provisions may be determined

. by any magistrate who for that purpose shall any Act Ordinance or law to the contrary notwithstanding have power to hear and determine the matter at any place within the said Territory where the offenders may be or where the ship or boat connected with any offence under this Ordinance may be found or at any place in the said Territory appointed for holding courts of petty sessions and to make such orders for the safe-keeping detention seizure for­feiture or sale of such ship or boat and all things found therein as such magistrate may think fit.

Natives not to hold pearl· buyers' licences. Inserted by No. 10 of 1915, s.2.

Privileges under licence exercisable by licensee only.

Inserted by No. 14 of 1914, s.2.

Penalty for buying without licence. Pap. No. 2 of 1906, s. 4, altered.

By whom and where offences to be tried.

Pap. No. 3 of 1891, s. 31.

55. If any person thinks himself aggrieved by any determina- Appeal to Central Court.

tion or adjudication of any magistrate with respect to any penalty Pap. lb. s. 32.

(4) See Section 19 (2) of the Ordinance Interpretation Ordinance, 1911-1940. (16) Now the Pear!, Pearl-SheU and Beche-de-mer Ordinance, 1911-1934_

1969

/

Page 18: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Proceedings on appeal. Pap. No. 3 of 1891,8.83.

Averment that person a na ti ve sufficient. Pap. lb. s. 84.

This Ordinance not to affect certain Ordinances. Pap. lb. s. 36, altered.

Service of proceedings. Pap; 'No. 4 of

• 1894, s. 17.

FISHERIES-

or forfeiture or otherwise under the provisions of this Ordinance or of any regulation made thereunder he may appeal to the Central Court (4) but no such appeal shall be entertained unless notice in writing of such appeal stating the nature and grounds thereof is given to the party against whom the appeal is brought within four weeks next after the date of such determination or adjudication nor unless the appellant forthwith after such notice enters into recognizances with two sufficient sureties in ·the sum of Twenty pounds duly to prosecute such appeal and to abide the order of the court thereon. Every such recognizance shall be entered into before a magistrate or before a registrar of the Central Court(4) and shall be retained by the person before whom it is executed who shall deliver it to the Central Court :(4) Provided always that in lieu of entering into recognizances as aforesaid the appellant may deposit the sum of Twenty pounds with any such officer as aforesaid which sum shall be paid into the Central Court (4) and shall be dealt with and disposed of as the said court may order.

56. The Central COurt(4) shall hear and determine such appeal at the first convenient opportunity. The court shall have power to use the evidence taken in the court below and to call for fresh evidence and to admit evidence viva voce or on affidavit or com­mission as it shall see fit. The court upon the hearing of any appeal may if it thinks fit mitigate, any penalty or forfeiture or may con­firm or quash the adjUdication and order any money paid by the appellant or levied by distress upon his goods to be returned to him and may also order such further satisfaction to be made to the party injured as it considers reasonable and may make such order concerning the costs both of the adjudication and the appeal as it thinks fit.

57. The averment in any information under this Ordinance that any person named therein is a native of the Territory shall be sufficient proof thereof until the contrary be shown.

58. Nothing in this Ordinance contained shall be. deemed by implication to repeal suspend alter or vary the provisions of any other Ordinance or of any part of any other Ordinance that refer to or concern land or any interest in land in the Territory or that refer to or concern natives of the Territory of Papua or that relate to native labour.

59. Service of a summons or other process in any proceeding for a breach of the provisions of this Ordinance may be made upon the person to be served by leaving a copy of it for him at his

(4) See Section 19(2) of the O(!,dina'fICe Interpretation Ordinanoe, 191i-1940.

1970

Page 19: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911-1934 .

. usual or last-known place of abode or business or on board of any ship or boat in or in connection with which he is usually employed with the person being or appearing to be in command or in charge of such place of abode or business or ship or boat.

60. When an offence against the provisi~ns of this Ordinance or the regulations thereunder has been· committed by a person em­ployed in or in connection with a ship or boat the master or person for the time being in charge of such ship or boat shall also be guilty of the offence unless he proves that he issued proper orders for the observance and used all reasbnable means to enforce the observance of this Ordinance and the regulationS and that the offence in question was actually committed by some other person without his connivance.

61. The Lieutenant-Governor(4) may make regulations (14) not inconsistent with this Ordinance prescribing all matters which by this Ordinance are requir~d or permitted to be prescribed or as may be necessary or convenient to be prescribed for· giving effect to this Ordinance.

6IA. Regulations may impose for any breach thereof a fine not exceeding One hundred pounds and in default of payment im­prisonment with or without hard labour for any period not ex­ceeding six months.· .

62. All regulations so made shall­

(1) bepublished in the Gazette; (2) take effect from the date of publication or from a later

date to be specified in such regulations: (3) be laid before the Legislative Council within seven days

after the publication if the Legislative Council is in session and if not in session then within seven days after the commencement of the next session.

But if the Legislative Council passes a resolution at any time within fifteen days after such regulations have been laid before it dis­allowing any regulation such regulation shall therefore cease to have effect.

SCHEDULE A. LICENCE.

(Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911). Letter of Licensing Port: Number of licence:

(4) See Section 19 (2) of the Ordinance Interpretation Ordinance, 1911-1940. (14) See the Pearl Fiehery Eegulatione, 1923, printed on p. 1974.

1971

Master of ship prima/aci6 liable for offences eommitted by persons employed on ship. Pap. No. 4·of 1894., s. 18.

Regulations.

Penalty for breach of regulations. Inserted by No. 10 of 1915, e.3.

Publication of regulations.

Disallowance (If regulations.

Section 10 ..

Page 20: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Section 26.

Section 87.

Section 49. Amended by No. 3 of 1914, s. 3 and Second Schedule.

FISHERIES-

This is to certify that master of the ship [or boat) hereunder described having applied to me for a licence to

employ the said ship [or boat] in the pearl-shell and beche-de-mer fishery and having paid the sum of £ as the amount of the licence fee payable under the provisions of the Pearl,' Pearl-Shell and Beche-de-mer Ordinance, 1911, in respect of this licence the said ship [or boat] is hereby licensed to be employed in such fishery from the day of

19 " to the thirty-first day of December, 19

Description of Ship or Boat. Name: Rig: Tonnage: How painted: Name of master:

Given under my hand at this day of ,19

Principal Officer of Customs at the port of

[or resident magistrate].

SCHEDULE B.

(Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911.) This is to certify that is hereby licensed under the

Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911, to take charge of the ship engaged in [or use a diving apparatus in] the pearl­shell and beche-de-mer fishery and that he has paid the sum of One pound for his licence.

Nationality: Apparent age: years. Colour: Colour and description of hair: Colour and description of whiskers: Colour and description of beard: Colour and description of moustache: Height: Special marks: Any other peculiarity:

Given under my hand at this day of ,19

Principal Officer of Customs at the port of

[or resident magistrate].

SCHEDULE C.

A.B. being the holder of a pearl-buyer's licence permitted to fish for beche-de-mer in the waters of

under this Ordinance is

standing the Proclamation of [date of Proclamation by .prohibited] .

This permit will remain in force until £5.

notwith­which fishing is

r Signature and date and place.]

of

SCHEDULE D. PEARL-BUYER'S LICENCE.

(For a term of· one year.) having paid the sum of Fifty pounds

1972

Page 21: PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911 … · PEARL. PEARL-SHELL AND BECHE-DE-MER ORDINANCE. 1911-1934. (1) An Ordinance to consolidate and amend the Law relating to

Pearl, Pearl-Shell and Beche-de-mer Ordinance, 1911-1934.

is licensed to buy pearls for one year from the , 19

day of

Dated this £50.

day of , 19

Collector [or resident magistrate or assistant resident magistrate].

PEARL-BUYER'S LICENCE. (For a period of six months.)

of having' paid the sum of pounds is licensed to buy pearls for six months from the

Twenty-five day of

Dated this £25.

I same to

, 19 day of ,19

Collector [or resident magistrate or assistant resident magistrate].

SCHEDULE E.

TRANSFER OF PEARL-BUYER'S LICENCE.

(To be endorsed on licence.) the holder of the within licence hereby transfer the

and I the said transferee hereby accept such transfer.

Dated this day of

I consent to the above transfer.

1973

,19

Collector [or

Transferor. Transferee.

resident magistrate or assistant resident magistrate].

Section 52.